No promotion for ineligible junior assistants: CAT To Education Department
Srinagar, Oct 19: The Central Administrative Tribunal (CAT) in Srinagar has directed the authorities not to promote any ineligible candidate as a senior assistant in the School Education Department.
A bench of M S Latif (Judicial Member), while modifying its September 8 order, directed the School Education Department to file an affidavit confirming therein that no ineligible candidate has been promoted to the next higher post in violation of SRO 272 of 2008 and SRO 308 of 2008.
On September 8, the Tribunal had put on hold the seniority list of junior assistants who were promoted as senior assistants by the School Education Department on July 29, observing that “seniority is an incident of service which cannot be eroded or curtailed by any application which is discriminatory”.
Subsequently, the School Education Department moved an application for modification of the September 8 order with the contention that it was committed to make promotions strictly in conformity to the rules and the SRO governing the subject.
The department said that any promotion shall be subject to confirmation by DPC, strictly adhering to the statutory schemes under SRO 272 and SRO 308.
In their objections to the modification application, the aggrieved candidates submitted that there are as many as 57 employees who have been promoted as Senior Assistants in 2015, 2016 and 2018 without any mandatory Secretariat Assistant Training Course (SATC) Examination, which violates SRO 272 of 2008 and Government Order no. 844-GAD of 2010.
Moreover, they submitted that the whole process of promotion was only being finalised to shower benefits upon those who do not conform to their eligibility.
However, they have no objections if the Tribunal modified its September 8 order, provided that no ineligible candidates were promoted in violation of the SROs governing the field, the candidates said.
After hearing both sides, the Tribunal modified its September 8 order by providing that in case any such promotions are to be made in terms of the impugned seniority list to the next higher post, the same shall strictly be done in accordance with the mandate of SRO 272 of 2008 dated 19.09.2008 and SRO 308 of 2008 dated 16.10.2008.
“No candidate is to be promoted, who does qualify or conform to the requisite requirements as contained in SRO 272 of 2008 as also SRO 308 of 2008,” the Tribunal said, adding, “Any Junior Assistant appointed or promoted after issuance of SRO 272 of 2008 dated 19.09.2008 shall have to undergo and qualify the Secretariat Assistant Training Course at the level of Junior Assistant for considering their promotion as Senior Assistant.”
